State v. Werner

Defendant took property from the complainant’s house at a time defendant had permission to be in the house. For that conduct, defendant was charged with theft and burglary, among other crimes. At trial, defendant conceded that he was guilty of theft, but moved for a judgment of acquittal on the burglary charge, arguing that, because he had permission to be in the house, he had not entered or remained unlawfully, as required for a burglary conviction. The trial court denied defendant’s motion, and a jury found defendant guilty of theft and burglary. Defendant appeals, assigning error to the…